SERAP Rejects Bill Penalizing Non-Voters

SERAP Opposes Bill to Jail Non-Voters, Threatens Legal Action

ABUJA — The Socio-Economic Rights and Accountability Project (SERAP) has condemned a proposed bill before Nigeria’s National Assembly that seeks to jail eligible Nigerians for six months or impose a ₦100,000 fine for failing to vote in elections. In a letter dated March 29, 2025, addressed to Senate President Godswill Akpabio and House Speaker Tajudeen Abbas, SERAP urged lawmakers to withdraw the bill, calling it “oppressive” and a violation of constitutional and international human rights.

Key Details of the Bill

The bill, titled “Bill for an Act to Amend the Electoral Act 2022 to Make It Mandatory for All Nigerians of Majority Age to Vote in All National and State Elections and for Related Matters,” aims to address voter apathy by making voting compulsory. However, SERAP argues that penalizing non-voters infringes on citizens’ rights to participate freely in democracy.

SERAP’s Objections

1. Violation of Rights:
   • SERAP Deputy Director Kolawole Oluwadare stated, “The right to vote includes the right not to vote. If participation is a right, citizens must be free to decide whether or not to exercise it”.
   • The organization emphasized that jailing non-voters contradicts Nigeria’s 1999 Constitution and international human rights obligations, such as the International Covenant on Civil and Political Rights (ICCPR).
2. Impracticality:
   • SERAP dismissed the bill as “unnecessary and unlawful,” arguing that voter apathy stems from systemic issues like electoral malpractice, insecurity, and distrust in the process—not a lack of compulsion.
3. Focus on Electoral Reforms:
   • Instead of penalizing citizens, SERAP urged lawmakers to prioritize reforms, including:
     • Removing constitutional immunity for governors and deputies who commit electoral offences like vote-buying.
     • Prohibiting partisan appointments in the Independent National Electoral Commission (INEC), such as political party members serving as Resident Electoral Commissioners (RECs).

Threat of Legal Action

SERAP warned that if the bill is passed and signed into law by President Bola Tinubu, it would challenge its legality in court to prevent implementation. Oluwadare stressed, “The idea of compulsory voting and jailing citizens for not voting is impracticable and unlawful”.

Public Reaction

• Civil Society Groups: Organizations like Amnesty International Nigeria and YIAGA Africa have echoed SERAP’s concerns, calling the bill a threat to democratic freedoms.
• Social Media: Hashtags such as #VotingIsARightNotACompulsion and #RejectJailForNonVoters are trending, with critics labeling the bill as authoritarian.

Conclusion

The controversy underscores tensions between efforts to boost voter turnout and the protection of democratic rights. While SERAP’s stance highlights the risks of coercive measures, the National Assembly’s next steps will determine whether Nigeria’s electoral landscape shifts toward compulsion or reform.